AC-21 after I-485 Adjudication

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As a LPR, one can have right to work in any profession. Why one need to work for GC sponsor in same profession permanently. I know, one can not quit GC sponsor immediately for 'GoodFaith intent' reasons to obtain GC as a future employee. When one can have TRUE rights of LPR ?
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pralay said:
Just "intent while filing GC" is not enough. The beneficiary has to keep that intent for awhile. I think the real question is how long is this "awhile". As you mentioned in past it was 2 years fixed. Currently it's not.
If "intent while filing" is the time and only time when the applicant needs to show his intent, that breaks most of the immigration laws. For example, if I apply for tourist visa, is applying for tourst visa in consulate is the time and only time when I need to have the "intent of tourst"? Can I land in USA and start working (because once I got my toursit visa I don't need to keep that intent anymore)? The famous Seihoon v. Levy case proves that's not the case.

Lawyer Eiss has a nice article about this intent.
Issues of Intent: How Does USCIS Determine What’s In Your Head?
Click to expand...

There's hot discusson on INTENT after GC/485 at
http://www.immigrationportal.com/showthread.php?t=172986&page=3&pp=15
 
AC21 to FILE OR NOT TO FILE.... CONFUSION CONFUSION

Hi Gurus,
First of all thanks to gurus UnitedNations, lohith, Ginnu... and other members who have been helping people like me... by scanning thru the forums and threads and providing valuable advice and solutions....
Scanning thru the various forums, talking to lawyers, and reading at peoples queries on various threads just does not solve my CONFUSION of whether OR NOT to file AC21....

My Status:
I-140 approved
I-485 filed after I140 approval
Switched jobs after 10 months of I-485 filing.....
Job title has changed, its the same IT job but i don't have Labor docs to find exact job duties in LC... am trying to get those from my previous employer...


A) Many people on the thread suggest BE PROACTIVE and inform INS of job change file AC21...
B) Whereas many other people on the thread as well as Lawyers suggest, WAIT for RFE... if RFE only then show intent of job change and file AC21..
C) Looking at some threads (I485 approved AC21), i see people are worried EVEN AFTER I-485 is approved.... (when they had switched job while I485 pending but not filed AC21)... and hence after I-485 approval are inquiring about filing AC21.. IF THIS is TRUE then case A (PROACTIVE is better..)
D) IF this is not enough, and people had been lucky in obtaining a GC... still seem to have sleepless nights thinking about AC21 (if not filed) and issues during CITIZENSHIP....

Please suggest what is the best scenario for my case PROACTIVE - OR - WAIT RFE...??? Also, are cases C & D applicable in my case...???
Please suggest..

Thanks
 
GCDream05 said:
I'm not a guru, but here is my 2 cents..
Job title has changed, its the same IT job but i don't have Labor docs to find exact job duties in LC... am trying to get those from my previous employer...
Get LC from employer or DOL by using FOIA first before drafting AC21 letter..

A) Many people on the thread suggest BE PROACTIVE and inform INS of job change file AC21...
dont be proactive if you are not sure of exact LC duties..
B) Whereas many other people on the thread as well as Lawyers suggest, WAIT for RFE... if RFE only then show intent of job change and file AC21..
waiting/replying to RFE is the norm, since USCIS/mailroom may also misplalce your ac 21 docs..
C) Looking at some threads (I485 approved AC21), i see people are worried EVEN AFTER I-485 is approved.... (when they had switched job while I485 pending but not filed AC21)... and hence after I-485 approval are inquiring about filing AC21.. IF THIS is TRUE then case A (PROACTIVE is better..)
D) IF this is not enough, and people had been lucky in obtaining a GC... still seem to have sleepless nights thinking about AC21 (if not filed) and issues during CITIZENSHIP....
First worry about GC, .. one step at a time..Please suggest what is the best scenario for my case PROACTIVE - OR - WAIT RFE...??? Also, are cases C & D applicable in my case...???
Please suggest..

You are trying to super complicate your 485 by mixing up / anticipating unnecessary issues.

Thanks
Click to expand...
 
Thanks lohith for the advice.
How to get LC documents from DOL... how to file FOIA...? will i need a lawyer to file it or is it a simple application i can submit to DHS.?
I tried to get docs from my company lawyer, but they are giving a hard time asking to get proofs and letters from new employer saying they will sponsor my GC.. since it is employment based. Thanks for your time.



Thanks
 
GCDream05 said:
Thanks lohith for the advice.
How to get LC documents from DOL... how to file FOIA...? will i need a lawyer to file it or is it a simple application i can submit to DHS.?

-- I'm not familiar with process much, but you can find by searching 'FOIA'. It's simple form(name, company,dob,...) need to be filed with your regional DOL. DHS got nothing to with LC. Again, it may take min 3-6+ months.
I tried to get docs from my company lawyer, but they are giving a hard time asking to get proofs and letters from new employer saying they will sponsor my GC.. since it is employment based. Thanks for your time.

--Actually this path seems easy. Any way you have to get AC21 letters from new employer , right? So, why dont you get letter/proof from new employer ASAP, get LC copy from lawyer. whatever lawyer insisting/asking is pretty reasonable. any way, you need to get proof from your new employer sooner/later to file AC21 it self.
Thanks
Click to expand...
 
I have used FOIA. You can download form for FOIA from USCIS site. I requested for labor and 140 both on same form and got them both in about 6 weeks time.

You do not need elaborate documents for that. The notorization of FOIA is a requirement.

In the reason column of why needed, just put in " For personal records". You do not have to give any reason like employer not providing the doc etc. "For personal records" is good enough a reason to request for an information under FOIA.


GCDream05 said:
Thanks lohith for the advice.
How to get LC documents from DOL... how to file FOIA...? will i need a lawyer to file it or is it a simple application i can submit to DHS.?
I tried to get docs from my company lawyer, but they are giving a hard time asking to get proofs and letters from new employer saying they will sponsor my GC.. since it is employment based. Thanks for your time.



Thanks
Click to expand...
 
Thanks GC_GoneCase for the helpful information. The process to get one doc from current / previous employer is such a slow / labourious process.. just like our "Sarkari kaam"...
 
Hi UN & other Gurus,

What will happen in the scenario when I join company B using AC21 and before even sending AC21 letter to USCIS, my I-485 gets approved without any RFE? Can I continue working for the company B or I will have to go back to company A who sponsored GC?



unitednations said:
agreed.
Click to expand...

Thanks
 
Hi Lohith,

If I remember correctly, you probably used the employment offer letter after 140 approval form GC sponsoring company and invoked AC21 at time of GC approval.

Would it be posssible to for you to provie the format of that letter or a link on this forum for such a letter?

I may require it for AC21.

Thanks a ton in advance.
 
get_gc04 said:
Hi UN & other Gurus,

What will happen in the scenario when I join company B using AC21 and before even sending AC21 letter to USCIS, my I-485 gets approved without any RFE? Can I continue working for the company B or I will have to go back to company A who sponsored GC?
Click to expand...

Not required work with GC sponsor. It's simply USCIS not asked you by RFE to prove Ac-21. There is no need to send UNSOLICITED Ac-21 docs.
 
GC_GoneCase said:
Hi Lohith,

If I remember correctly, you probably used the employment offer letter after 140 approval form GC sponsoring company and invoked AC21 at time of GC approval.
Click to expand...

No, I have n't used Ac-21 nor changed GC sponsor during 485 approval.
I did some research on using AC-21 'before my 140 approval' as my company lost cases on A2P and my first 140 denied.


There are so many folks posted sample letters on the 485/ac-21 forums. By doing little research, you can find them. also check under 'ginnu' replies.

Sugee also doing research on EVL and Ac-21 cliaim letter..
http://boards.immigrationportal.com/showthread.php?p=1146883#post1146883
 
Date:

Uscis
Address


Re: Portability Letter
Benficiary:xxxx
Receipt Number:xxxxxx

To Whom It May Concern

The Above Referenced Candidate Has Joined Our Company In The Same Or Similar Occupation That Was Applied For Him Under His Approved Loabor Certifcate And Approved Or Pending I-140

His 485 Has Been Pending For More Than Six Months. Under Ac-21 Rules He Has Therfore Successfully Ported To Our Company And His Applications Can Continue Under This Provision

Should You Require Any Further Information, Please Donot Hesistate To Contact Our Office

Sincerely

Ceo
 
Thanks a lot Lohith.


lohith said:
Date:

Uscis
Address


Re: Portability Letter
Benficiary:xxxx
Receipt Number:xxxxxx

To Whom It May Concern

The Above Referenced Candidate Has Joined Our Company In The Same Or Similar Occupation That Was Applied For Him Under His Approved Loabor Certifcate And Approved Or Pending I-140

His 485 Has Been Pending For More Than Six Months. Under Ac-21 Rules He Has Therfore Successfully Ported To Our Company And His Applications Can Continue Under This Provision

Should You Require Any Further Information, Please Donot Hesistate To Contact Our Office

Sincerely

Ceo
Click to expand...
 
UN,
The new AC21 memo just came out, and states:
"As of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment."

Do you see any changes on the chance of my I-485 case?

Thanks


unitednations said:
As I stated before, greencard is for a future job and many people have either not been in the employ when 140 got approved or left before 140 approval. None of them had an issue.

There has only been one posting where it became an issue. The case was transferred to the local office and person used ac21 on a future based employment (he had never at any point worked with the company). The local office asked him to produce a letter from the 140 employer to show that they had intent of hiring him when 140 was approved. THIS HAS BEEN THE ONLY POSTING.

It is important to note that prior to January 2005, it was USCIS policy that if a person wasn't working with the 140 employer when they filed the 485, it was grounds for transfer to a local office for an interview. However, in January 2005, USCIS changed their policy regarding transfers to the local office. They deleted the requirement of person not working with the 140 employer when they filed 485. Therefore, you should be able to get through with no problem of not having too prove that 140 employer had intent to hire you upon 140 approval.

In worst case if you are asked to prove it but you can't get the letter, then you just withdraw the 485. There will be no negative immigration consequence to you, as long as you don't lie.
Click to expand...
 
USCIS AC-21 Memo of 05/12/2005

I-140 Portability and New Employer's Financial Ability to Pay Proffered Salary

http://www.immigration-law.com/

The USCIS AC 21 Memorandum of May 12, 2005 clarifies the policy that when the alien changes employer using AC 21 I-140 portability rule, the new employer does not have to prove anything but "same or similar occupational classification" and the adjudcators should not request or deny I-485 applications based on the new employer's financial ability to pay issue.

Definition of "Same or Similar" Occupation Classification for I-140 Porting

The USCIS Memorandum of May 12, 2005 clarifies that the "same or similar" will be determined on the basis of DOT or OES Codes. Accordingly, the new job must fall under the same DOT or OES with the labor certification job.
The same rule will apply to the labor certification waived I-140/EB-485 cases. They will use the DOL's DOT or OES Codes to determine this requirement.
Inasmuch as this requirement is met, the aliens in EB-1 cases like Multinational Corporate Executive/Manager petitions can port after 180 day of EB-485 filing taking a same or similar job with another employer.
Alien can take new employment anywhere in the U.S. inasmuch as the new job falls under the same or similar occupational classification standards.
 
I worked for company A for a year and filed LC through A. After that, I started to work for company B. While I was working for B, LC through A is approved and A filed I140 and I485 for me.

USCIS request employment letter from both my current company B and prospective company A for hire date, job duty, compensation and prospects of employment.

I have job offer letter from A which states A will offer me a LC specified position once I get GC.

B is only willing to provide the following letter:

To whom it may concern:

This letter is to certify that XXX is an active employee at XXX since XXX, 2003. His job Tiltle is Programmer I. He is employed through our XXX office. His current salary is $XXXXX.


I ask B to provide a letter according to template and B refused and said they checked with immigration attorney and that the above letter is sufficient.

I want to work for B after GC but now it seems B is going to leave me in the limbo. Very depressed right now. I don't want my GC denied after almost 10 years in USA.

Friends on the forum, any suggestions?
 
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